Who was in the wrong? (car accident related)

[QuestionableMouse]

Out with my friend in her car today. She's a fairly new driver and has black box insurance.

We came to a blind bend with a car parked in our lane on double yellow lines. Friend moved over and drove around the car at probably 10 mph.

A car coming the other way clipped her car and has done quite a bit of damage to the front end. The car was doing 20mph roughly which is the speed limit.

My friend clipped the parked car and took the wing mirror off, doing some damage to the bumper too.

Both drivers are blaming my friend (she's the youngest/least experienced driver.)

I say the parked car driver is at fault because they were parked on double yellow lines and if they hadn't been there the accident would never have happened.

All been referred to the insurances of course, including pics of the parked car.

I'm feeling very stiff and achy and will probably miss work tomorrow (it's aggravated my already bad back) and poor friend is really upset and shaken.

@lincolnfield - having a blue badge does not mean you can park on double yellows!

Ok, @Baileysmum220118 and @RoisinXena - op’s friend overtook at 10mph. Creeping, no?

How would you both have handled this situation if you were driving?? Am dying to know.

Would you have done exactly as op’s friend did, but also sounded your horn??

What if oncoming drivers were listening to music or could not hear horn over the tree work going on?

@tenlittlecygnets

You can, for up to three hours but you must not cause a danger or obstruction.

I've been driving a lot longer than her and tbh I'm not sure I would have done anything differently. There's no other road to get to the place we were going. Parking up would have caused another hazard. I might have beeped but with the work going on it probably wouldn't have helped (and honestly, I'm not sure many drivers would even realise why the horn was being used).

Imo, it was just bloody rotten luck. If we'd been ten seconds later it wouldn't have happened.

Yes it does.

@tenlittlecygnets you’re wrong. You can park on double yellows if you are a blue badge holder.
www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england

For insurance purposes, your friend is at fault, the pulled over car may have created the hazard, but the onus was on your friend for getting past the hazard safely.

Hmmm. If the car coming in the other direction crashed into your friend then surely it’s their fault? Just as your friend needs to be careful about obstructions (the parked car) on her side of the road the other driver should also be careful about obstructions on their side of the road. I would try to argue the case. If your friend had been reversing into a drive on a blind corner and someone hit her who would be at fault?

@niugboo - thanks for the clarification. Am shocked. But we don't know if the parked car in op's scenario had a blue badge? And surely that doesn't mean blue badge holders can park in bonkers/unsafe places??

From how I read it, there was no obstruction on the other driver's side. They were driving correctly on their side of the road. I get sick and tired of people pulling round parked cars on THEIR side of the road and glaring at me if I'm driving up as though I should stop/give way for them. It's even worse round here because there are steep hills everywhere and all roads are narrow - its an old area. I can't count the number of times I've been forced to stop when I'm coming up a hill because some ignorant, entitled person just continues coming down on the wrong side of the road oblivious to the fact that they've forced me to stop.

The law is pretty straightforward. Parked cars might be an obstruction and the police can ticket/enforce removal BUT if you hit a stationary vehicle its your fault, whatever the circumstances. As others have said, people do break down - what are they supposed to do? I'm not saying this was the case here but it happens. People stop/park ridiculously for all sorts of reasons. Frankly there are too many vehicles and not enough road!

Just the same, if you're on the wrong side of the road and hit a vehicle coming towards you, it's your fault. Insurance companies might try all kinds of tricks because they never want to pay out but the other car owners in this scenario do have the law on their side.

@dimdardashian accurate name, as that was a very dim comment.

No, the car driving on the CORRECT side of the road in the CORRECT direction is not legally at fault. Funny that.

Bit rude Ruby. If I’m driving on the correct side of the road and I crash into an obstruction I’m still at fault.

No need to be an arsehole about it.

Did your friend hit the stationery car first then the other car? It sounded like that in one of your updates where you said she hit the parked car to avoid the Audi coming the other way. It is possible that she overcorrected, hitting the parked car then panicked, over correcting again hitting the Audi.

But I do agree with the majority, I think she will be at fault. It cannot be the parked cars fault from an insurance preservative, as annoying as that is. And the obstruction was on her side.

@dim unless the "obstruction" you speak of is a moving vehicle travelling head on towards you on the WRONG SIDE OF THE ROAD. 🤦‍♀️

I asked my driving instructor about this. He said there is a reason why it’s called the ‘wrong’ side of the road because in most cases you will be in the wrong of an accident occurs whilst you are on it. He agrees that she should have asked the passenger to get out and guide her, particularly as the driver was not very experienced.

@ruby2020

There are many reasons why cars may be on the wrong side of the road for good reason

But thanks oh so intelligent one

@GrannyBags that makes complete sense

I guess it will go 50/50
Your friend and the driver of the car causing an obstruction.

If the object has been left actually on the road in an unsafe position or in a way that contravenes the highway code then the owner of the vehicle or object may be found to be liable for the accident.

http://www.trafficaccidentadvice.co.uk/your-rights-as-a-driver-if-you-hit-a-stationary-object.html

@dim you're welcome :)

niugboo
Not on a blind bend.

You can park on double yellows if you are a blue badge holder.

Only if it doesn't cause a hazard or obstruction. Parking next to double central white lines on a blind bend is clearly BOTH a hazard and an obstruction.

No, the car driving on the CORRECT side of the road in the CORRECT direction is not legally at fault.

Not necessarily true. You still have to drive safely and at at a speed which enables you to stop upon seeing a hazard or obstruction. On a blind bend, you have to drive very slowly as you just don't know what may be in your path - could be a car on the wrong side of the road, or a child, or someone lying in the road after a fall. What you CAN'T do is carry on at normal speed limit and just assume/hope that the road is clear ahead of you.

@Kazzyhoward That's the point I was trying to make so thank you for articulating it. Of course, @ruby2020 will wade in with some abuse shortly.

@tenlittlecygnets there are rules in terms of junctions but beyond that they can park wherever they want.

No idea if this person did but legally parked or not the driver was at fault.

@tenlittlecygnets

The driver of the vehicle overtaking was driving without due care and attentions for the reasons that I have already given. Actually, she had two collisions. She collided with the parked car and took its wing mirror off (collision one) and when overtaking and encroaching on the other side of the road, she hit a car coming along on their own side of the road (collision two). What was not made clear was, while there were ‘double yellows’ on the kerbside, were there any centre road road markings? On some narrow roads it is impossible to place centre markings due to the width of the road not being wide enough to accommodate this under the Law.

As others have said, people do break down - what are they supposed to do

Yes but if they are on the brow of a hill they can coast to somewhere safer and if they are near a bend, they can stop before it. My mum was once in a situation where her car just stopped and she couldn't move it an inch, but that's not always the case eg if you have a puncture you can move a few yards.

This argument is a bit like the "all naughty kids have SN" whereas most naughty kids are just naughty. Equally most cars parked in stupid places haven't broken down, they're just driven by entitled twotsits.

And if you have a blue badge you have to park safely, it doesn't mean you can park anywhere.

@dimdarkashian I am PMSL at this. You clearly aren't a driver if you think the onus is on the person in the other car, driving on the correct side of the road, who is also going round a blind bend, to avoid the OPs friend! 😂😂😂